USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. This rule goes into effect on Jan. 17, 2017.

Among other things, DHS is amending its regulations to:

Clarify and improve longstanding DHS policies and practices implementing sections of the American Competitiveness in the Twenty-First Century Act and the American Competitiveness and Workforce Improvement Act related to certain foreign workers, which will enhance USCIS’ consistency in adjudication.

Better enable U.S. employers to employ and retain high-skilled workers who are beneficiaries of approved employment-based immigrant visa petitions (Form I-140 petitions) while also providing stability and job flexibility to these workers. The rule increases the ability of these workers to further their careers by accepting promotions, changing positions with current employers, changing employers and pursuing other employment opportunities.

Improve job portability for certain beneficiaries of approved Form I-140 petitions by maintaining a petition’s validity under certain circumstances despite an employer’s withdrawal of the approved petition or the termination of the employer’s business.

Clarify and expand when individuals may keep their priority date when applying for adjustment of status to lawful permanent residence.

Allow certain high-skilled individuals in the United States with E-3, H-1B, H-1B1, L-1 or O-1 nonimmigrant status, including any applicable grace period, to apply for employment authorization for a limited period if:

They are the principal beneficiaries of an approved Form I-140 petition,

An immigrant visa is not authorized for issuance for their priority date, and

They can demonstrate compelling circumstances exist that justify DHS issuing an employment authorization document in its discretion.

Such employment authorization may only be renewed in limited circumstances and only in one year increments.

Clarify various policies and procedures related to the adjudication of H-1B petitions, including, among other things, providing H-1B status beyond the six year authorized period of admission, determining cap exemptions and counting workers under the H-1B cap, H-1B portability, licensure requirements and protections for whistleblowers.

Establish two grace periods of up to 10 days for individuals in the E-1, E-2, E-3, L-1, and TN nonimmigrant classifications to provide a reasonable amount of time for these individuals to prepare to begin employment in the country and to depart the United States or take other actions to extend, change, or otherwise maintain lawful status.

Establish a grace period of up to 60 consecutive days during each authorized validity period for certain high-skilled nonimmigrant workers when their employment ends before the end of their authorized validity period, so they may more readily pursue new employment and an extension of their nonimmigrant status.

Automatically extend the employment authorization and validity of Employment Authorization Documents (EADs or Form I-766s) for certain individuals who apply on time to renew their EADs.

Eliminate the regulatory provision that requires USCIS to adjudicate the Form I-765, Application for Employment Authorization, within 90 days of filing and that authorizes interim EADs in cases where such adjudications are not conducted within the 90-day timeframe.

Section 221(g) of the INA allows consular officers to issue a temporary refusal of a visa petition in cases where an otherwise eligible visa applicant is missing a specific document, or in case where a consular officer concludes that additional security clearance measures are warranted. Consular officers utilize 221(g) to allow applicants the opportunity to supplement their applications to overcome a visa denial. Once the deficiency is satisfied, or the concern resolved, 221(g) refusal is “overcome” and the visa may be issued.

In practice, the following are some situations that often give rise to a 221(g) refusal:

1. Additional support documents are required, such as proof of local employment;

2. An applicant is employed in a field listed on the Technology Alert List and the consular officer requests a Visas Mantis Security Advisory

Opinion (“SAO”). (Common in India, China and elsewhere where applicants are advised that their applications require “administrative processing.”)

3. The consular officer requests an Advisory Opinion from the Visa Office on the applicability of one of the statutory grounds of inadmissibility.

4. There are no empty visa pages in the applicant’s passport, or the applicant’s photograph is of bad quality.

5. Applicant’s PIMS profile has not been updated.

A consular officer, upon refusing an application under 221(g), will commonly provide the applicant with a refusal letter. However, it is possible that an applicant may be temporarily refused under 221(g) and not know it.

The use of 221(g) is growing extremely common; the US Department of State has suggested that such refusals are overused by consular officers. According to the Report of the Visa Office, in FY 2008 a staggering 589,000 221(g) refusals were issued against nonimmigrant visa applications. About 87% of these were eventually overcome and visas were issued.

221(g) impacts subsequent visa applications because a client must indicate yes to the DS form question, “Have you ever been refused a US Visa?”. Even a 221(g) that was caused by something as insignificant as a PIMS database issue is still considered, technically, a refusal.

Barbara Yaffe of the Vancouver Sun illustrates the differences between the US-Australia and US-Canada relationships. Australia’s geographic isolation from the West leads to a stronger desire in the country for good relations with the West, particularly the US. This relationship in turn leads to improved US immigration options (E-3 visas for example) for Aussies.

USCIS

USCIS

Vermont Service Center

ATTN: I-129

30 Houghton Street

St. Albans. VT 05478-2399

Form I-907/I129 E-mail address:

VSC-Premium.Processing @dhs.gov

Exceptions

· Form I-129 Filed for Temporary Employment or Training in More Than One Location:
When the temporary employment or training will be in different
locations, the state where your company or organization is located will
determine to which Service Center you should send your Form I-129
package. For example, if the beneficiary will work in Arizona and
Texas, and your company is located in New York, file Form I-129 with
the Vermont Service Center.

· H-1C Classification for Nurses: Mail the I-129 package to the Vermont Service Center, regardless of where the temporary H-1C nurse will be employed.

· R Classification for Temporary Religious Workers: Mail the I-129 package to the California Service Center, regardless of where the temporary religious worker will be employed.

· Major League Sports:
Mail the I-129 package to the Vermont Service Center, regardless of
place of temporary employment. This covers major league athletes,
minor league sports and any affiliates associated with the major
leagues in baseball, hockey, soccer, basketball, and football. Support
personnel includes coaches, trainers, broadcasters, referees, linesmen,
umpires, and interpreters.

· Change of Status or Extension of Stay Under Certain Free Trade Agreements:
Mail Form I-129 to the Vermont Service Center, regardless of the place
of temporary employment, if Form I-129 is filed to request a change of
status or extension of stay under one of the Free Trade Agreements
listed below.

o Change of Status to TN or TN Extension under Trade NAFTA for Nationals of Canada or Mexico.

o Change of Status to H-1B1 or Extension of H-1B1 Stay for Nationals of Singapore and Chile.

o Change of Status to E-3 or Extension of E-3 Stay for Nationals of Australia.

§ Initial Classification Under Certain Free Trade Agreements:DO NOT use Form I-129 to apply for initial classification under one of the Free Trade Agreements listed below.

o Initial TN Classification for Nationals of Mexico (outside the United States):
To obtain more information on the application process for initial TN
classification, please visit the U.S. Department of State’s TN Visa
website. [add link here]

o Initial TN Classification for Nationals of Canada (outside the United States: 8 CFR 214.6[add link] for information on applying for initial TN admission at a U.S. port of entry. Please see

o Initial E-3 Classification Under the Australian Free Trade Agreement: To obtain more information on applying for initial E-3 classification, please visit the U.S. Department of State’s website. [add link here].

The Department of State informed AILA’s DOS Liaison Committee that consular posts in Italy have decided to consolidate E visa processing in Rome and Milan, effective Jan 1, 2007. E visa applicants in the Florence and Naples consular districts will be asked to apply in Rome, but may also apply in Milan providing they are residents, or are physically present in Italy.

WHAT is the easiest way to legally enter the US? Love. Fall in love with an American citizen, get married and you’re in. Unfortunately, not everyone can rely on romance. Only select few like Australians can breeze into the country.

Most people have to work their way into the US. But to do that, you need to find a job, a company willing to sponsor you and then apply for one of the country’s precious H1B visas.

With up to 100,000 applications filed each year (that’s where the US Government cuts it off), getting one of the 65,000 H1Bs given out annually is a bit like winning the lottery.

The same is true for other highly coveted visas like the L1 work visa, which enable multinational firms to transfer employees and executives to the US. For would-be immigrants, such visas can often lead to the ultimate golden ticket: a US green card, 140,000 of which are available each year.

Clearly, there just aren’t enough visas or green cards to go around. “Those caps are both backed up,” says Crystal Williams, deputy director for programs at the American Immigration Lawyers Association. That means it can take years to legally enter the US workforce.

That is unless you happen to be a university professor, nurse, physical therapist or work in any one of several professions that are in such great demand you’re practically guaranteed a US visa. It also helps if your home nation has signed a free trade agreement with the US.

“(But) need is the very first step,” says Chris Bentley, a spokesperson with US Citizenship and Immigration Services.

“We’re looking for people that have some type of skill and whose job is in demand here in the US.” In the late 1990s, software engineers and other IT specialists were in demand. Now, immigration lawyers say, they’re a dime a dozen and aren’t usually successful getting into the country.

Topping America’s most wanted list these days: academics. Bentley says that someone petitioning to teach Medieval History is more likely to get approved than an accountant because the professor position is specialised and more difficult to fill.

“With other professions, employers have to test the labour market to see if someone else is qualified and willing to do the job that’s offered,” says Elizabeth Kirberger an immigration attorney who practices in New York.

“With a college professor, the standard is different. Employers get to pick the most highly qualified, but there’s no particular standard for that. You flesh out (the argument for that) in the application.” That’s because there aren’t enough American professors to fill the available jobs.

The same goes for nurses and physical therapists. According to The American Hospital Association, the country will need 2.8 million nurses by 2020, but only 2 million will be available.

Still, foreign nurses should be mindful of a few caveats. According to Greg Siskind , founding partner of the immigration law firm Siskind Susser, nurses aren’t eligible for temporary work visas. They can only enter the country as green card applicants; a process that can take two years. While that may sound like an eternity, foreign nurses have a relatively easy time finding hospitals and companies willing to sponsor them.

“As an employer, hiring two years ahead of time is not ideal. But because of the shortage, employers are willing to do it,” says Mr Siskind.

You’re also in luck if you’re especially talented in the arts or in sports. Artists and athletes can get in with virtually no hold-up. But you can’t just brag your way into the US.

But remember, immigration is ultimately a numbers game. The limited number of H1Bs and green cards available each year is first divvied up into categories and further divided among certain nationalities. Immigration officials can reconfigure the numbers based on need and demand. For instance, the quota for nurses from India may get maxed out before the quota set for Scandinavian nurses.

Aside from professions, some nationalities have a breeze coming into this country.

Last year, Congress created a new visa class: the E-3, which is solely for Australian workers. That means there are up to 10,000 slots for our friends down under – that’s separate from the 65,000 cap. There’s also an exemption for workers from Singapore and Chile because of the free trade agreements with those countries.

While the demand will continue to exceed the supply of US visas and green cards, achieving the “American Dream” is still possible. But working toward that goal is a lot easier when you know which jobs can get you in the country to begin with.

The Department of Homeland Security (DHS) determines whether an alien can work in either employment or self-employment in the U.S. Under certain circumstances, DHS authorizes nonimmigrants to work. Some nonimmigrant aliens have employment authorization by virtue of their alien classification. Some can work but only for specific employers. Others must apply to DHS for employment authorization. Still others are not allowed to work while in the U.S. and cannot apply to DHS for authorization to work.

It is important to distinguish whether the alien can work and what document(s) is needed to establish authorization to work.

Required evidence for employment authorization is either a Form I-94, Arrival/Departure Record, showing a class of admission that indicates the person can work without specific DHS authorization (RM00203.500C.1.) or an employment authorization document (EAD) (Form I-766 or I-688.

DO NOT process an application for an SSN card for an alien for work purposes unless the alien is authorized to work and shows the appropriate immigration document authorizing work. See RM 00203.510 and RM 00203.560 for processing SS-5s to issue SSN cards for nonwork purposes.

the alien’s class of admission code as shown on the I-94 (the non-immigrant classifications shown on the I-94 with employment authorization inherent in status are listed in RM 00203.500C.1.); or

the stamp or annotation on the I-94 shows the alien has been admitted as a refugee (see RM 00203.460B.); or

the stamp or annotation on the I-94 shows the alien had been granted asylum (see RM 00203.460D.) ; or

the Executive Office of Immigration Review granted the alien asylum and issued an order stating this (see RM 00203.460D.); or

the DHS-issued Employment Authorization Document (EAD), either Form I-766 or I-688B.

the designated school official’s annotation on Form I-20 A-B for certain F-1s or documentation of on-campus work (see RM 00203.470 ); or

the category shown on the DS-2019 for J-1s or a sponsor’s letter if the J-1 category is “student” or “international visitor” (see RM 00203.480).

The documents listed above are the only documents which FOs may accept as evidence of employment authorization.

NOTE: In some situations, the alien was issued an I-94 when admitted to the U.S. Later, applied for another immigration benefit and DHS issued the alien an EAD card. The alien may apply for an SSN card after the I-94 expired. If the alien shows a currently valid EAD, this is acceptable proof of authorization to work. In this situation, do not consider the expired I-94 when making a decision about alien status/work authorization; consider only the current immigration document (the EAD card).

DHS issues Form I-766 and I-688B EAD cards to certain aliens regardless of age who are temporarily work authorized (see RM 00203.500C.2). The I-766 and I-688B are both standardized and uniform documents that provide evidence of authorization for the alien to accept temporary employment in the U.S.

Each card contains the following:

A statement of any regulatory limits on the time elements involved and a definite date as to when employment begins and ends (not indefinite).

A statement of any regulatory limits on the type of employment authorized (e.g., “A-5” or “274A.12 (A)(5)) or the statement “Without Further Limitation, “ if no such regulatory limits exist.

NOTE: DHS does not issue EAD cards to aliens lawfully admitted for permanent residence or nonimmigrants whose work authorization is incident to their class of admission.

The I-766 is a card produced mechanically by an integrated card processing system only at DHS service centers. Form I-688B is a manually prepared laminated card produced and issued at local USCIS offices servicing the area where the person resides.

The front of both cards contains the alien’s photograph, fingerprint (or “W” for waived in lieu of the fingerprint), signature, biographic information (name, date of birth), the provision of law or category allowing the alien to work, any restrictions as to type or length of employment authorization, and the date and place of issue.

The issuing office’s location code is on the right side of the photo box on the I-688B. This code is four letters which indicates the District or POE code and the specific workstation at that location that issued the card.

See the ACM for exhibits of authentic I-766 and I-688B cards.

REMINDER: Any EAD card that does not conform to these criteria is not acceptable.

In certain extreme situations DHS may automatically extend the validity period of the EAD card for a temporary period but may not affix an extension sticker to the card.

Generally, these are situations where the extension applies to a significant number of aliens who either previously applied for or were granted Temporary Protected Status (TPS) and were previously issued EAD cards by DHS. If the designated TPS period expires but the country cannot receive the TPS aliens back, DHS may extend the TPS period for certain people from that country. In certain cases, the expiration period of the previously issued EAD card may be automatically extended for a temporary period until DHS can process replacement EAD cards for all affected aliens (see RM 00203.500B.4.c. for EAD cards issued to nationals of certain countries that are currently automatically extended).

In these cases, SAVE will not verify that the EAD card has automatically been extended or show the new expiration date of the employment period until the replacement EAD card is issued. If the alien has not received the new EAD card and submits the expired EAD card, the online SAVE query response will show “Institute Additional Verification.” Although the validity period of the document has automatically been extended, the new expiration date is not reflected in the DHS system. You must send a G-845 to the appropriate DHS office to verify that the expired document was validly issued (see RM 00203.748).

b. Processing the SS-5 When the Validity of EAD Card Has Been Automatically Extended

To process the SS-5 through the SS-5 Assistant in this situation, enter on the POC/Proof of Alien Status screen the expiration date for the EAD card as “D/S;” and the “category” or “provision of law” as “Other.”

Since the SAVE query response will show “Institute Additional Verification,” use the SS-5 Assistant to generate Form G-845. Send the completed G-845 to the appropriate DHS office (see RM 00203.748for the appropriate DHS office address). The G-845 response from DHS will generally show item 12. a. checked (“This document is not valid because it appears to be expired.”). Therefore when DHS returns the G-845 with this response, in Update Mode of the SS-5 Assistant:

Select the “Full Time” and “Expires on” radio buttons and input the expiration date of (the date of the automatic extension).

Do not check block #12 “This document is not valid because it appears to be – expired” on the G-845 Section B. Screen in SS-5 Assistant because when you do this the case will remain in suspect status and you will not be able to clear the SS-5 application.

If DHS returns the G-845 and it shows a different response follow the appropriate instructions for the response provided (RM00203.740E.).

c. Automatic Extension of Validity Period of EADs issued to certain citizens/residents of Honduras and Nicaragua

DHS automatically extended until January 5, 2007, the EADs for certain Hondurans and Nicaraguans who applied for TPS and whose I-766 EAD cards expired on July 5, 2006.

DHS published notices in the Federal Register on March 31, 2006, about the extension of TPS for Honduras and Nicaragua and the automatic extension of employment authorization for certain nationals of these countries.

Because all aliens who qualify for this automatic extension have I-766 EAD cards and have continuously resided in the U.S. since December 30, 1998, most have been assigned SSNs but may apply for a replacement SSN card.

Many Honduran and Nicaraguan TPS re-registrants will not receive their new EAD cards until after their current I-766s expire. Therefore, DHS is automatically extending until January 5, 2007, the validity of I-766 EADs issued to certain nationals of Honduras and Nicaragua when the EAD cards expire on July 5, 2006. Re-registrants for TPS must apply to DHS for new EAD cards authorizing them to work after January 5, 2007.

Accept as valid through January 4, 2007, an I-766 EAD card for an alien who is a national of Honduras or Nicaragua when the I-766 expired on July 5, 2006 and shows the notation “A-12” or “C-19” on the face of the card under “Category.” Use the Numident record (when the person applies for a replacement SSN card), the alien’s expired I-94, or other evidence showing nationality to establish that he/she is a national of Honduras or Nicaragua.

When the G-845 shows “This document is not valid because it appears to be expired,” as the response for an EAD that expired on July 5, 2006, and the bearer is a national of Honduras or Nicaragua, presume the validity period of the EAD has automatically been extended until January 5, 2007. If the G-845 shows another response, follow RM 00203.740 E. (Procedure – Interpreting the G-845 Response).

When processing the SS-5 through the SS-5 Assistant, add the remark “HOND” or “NIC,” as appropriate in the Additional Remarks field on the Print Summary Screen.

d. Automatic Extension of Validity Period of EADs Issued to Certain Citizens/residents of El Salvador

DHS automatically extended until March 9, 2007, the EAD cards for certain El Salvadorans who applied for TPS and whose I-766 EAD cards expired on July 5, 2006 or whose cards will expire on September 9, 2006 or September 30, 2006.

DHS published a notice in the Federal Register on June 15, 2006, about the extension of TPS for El Salvadorans and the automatic extension of employment authorization for certain nationals of this country.

Because all aliens who qualify for this automatic extension of the validity period of the I-766 EAD cards have continuously resided in the U.S. since before March 9, 2001, most have been assigned SSNs but may apply for replacement SSN cards.

Many El Salvadoran TPS re-registrants will not receive their new EAD cards (with an expiration date of September 9, 2007) until after their current I-766 cards expire. Therefore, DHS is automatically extending until March 9, 2007, the validity of I-766 EAD cards issued to certain nationals of El Salvador when the EAD cards expired on July 5, 2006, or will expire on September 9, 2006, or September 30, 2006. Re-registrants for TPS must apply to DHS for new EAD cards authorizing them to work after March 9, 2007.

Accept as valid through March 8, 2007, an I-766 EAD card issued to an alien who is a national or resident of El Salvador when the I-766 card expired on July 5, 2006 or will expire on September 9, 2006, or September 30, 2006, and shows the notation “A-12” or “C-19” on the face of the card under “Category.” Use the Numident record (when the person applies for a replacement SSN card), the alien’s expired I-94, or other evidence showing nationality to establish that he/she is a national of El Salvador.

When the G-845 response shows “This document is not valid because it appears to be expired,” as the response for an EAD that expired on July 5, 2006, September 9, 2006, or September 30, 2006, and the bearer is a national of El Salvador, presume the validity period of the EAD card has automatically been extended until March 9, 2007 when the document shows “A-12” or “C-19” under Category. If the G-845 shows another response, follow RM 00203.740E. (Procedure – Interpreting the G-845 Response).

When processing the SS-5 through the SS-5 Assistant, add the remark “EL SAL” as appropriate in the Additional Remarks field on the Print Summary Screen.

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. withoutspecific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. In some instances, both the husband and wife are both principal aliens when the classification is E-1, E-2. Accept their statements that both are principals.

For those with a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. The E-1, E-2, and L-2 spouse is not required to apply to DHS for an EAD card as documentary evidence of work authorization but may choose to do so. When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he/she must submit, in addition to evidence of immigration status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document (issued prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant).

NOTE: Ask the alien whether he/she is the principal alien who is authorized to work or the spouse, child or other dependent of the principal alien and see RM 00203.500C.1,, RM 00203.500C.2., and RM 00203.500C.3. when the alien is the spouse (other than an E-1, E-2 or L-2 spouse) or child.

Class of Admission

Description

A-1*

Ambassador, public minister, career diplomat or consular officer

A-2*

Other foreign government official or employee

A-3*

Attendant, servant, or personal employee of principal A-1, or A-2

C-3*

Foreign government official in transit through the U.S.

E-1*

Treaty trader (principal)

E-1**

Spouse of principal E-1

When an EAD card is issued in these situations to an E-1 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12(A)(17)” under Provision of Law.

If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-1 alien

E-2*

Treaty investor (principal)

E-2**

Spouse of principal E-2

When an EAD card is issued in these situations to an E-2 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12 (A)(17)” under Provision of Law.

If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-2 alien

Temporary worker from Chile or Singapore under the U.S.-Chile and U.S-Singapore free trade agreements

H-1C

Registered nurse

H-2A

Agricultural worker

H-2B

Non-agrarian seasonal worker

H-2R

Returning H-2B worker (worker was previously admitted as H-2B, left the U.S. temporarily and is returning to the U.S.

H-3

Trainee

I*

Foreign information media representative

J-1

Exchange visitor (pursuant to an approved program) (See RM 00203.480) An exchange visitor whose DS-2019 shows the category as “international visitor” or “student” in item 4 of the form must provide a letter from the program sponsor as evidence of authority to work. Otherwise, presume the J-1 is authorized to work as part of the exchange program.

K-1

Fiancé(e) of U.S. citizen

L-1

Intracompany transferee

L-2**

Spouse or dependent of an intracompany transferee

When an EAD card is issued to an L-2 spouse, the I-766 shows “A-18” under Category and the I-688B shows “274a.12 (A)(18)” under Provision of Law.

If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the L-1 alien

NATO-1 through 6*

NATO officer, representative, or personnel

NATO-7*

Attendant, servant, of personal employee of principal NATO-1 through 6

O-1

Alien with extraordinary ability in sciences, arts, education, business or athletics

O-2

Alien accompanying O-1

P-1

Internationally recognized athlete or entertainer in an internationally recognized group

P-2

Artist or entertainer in an exchange program

P-3

Artist or entertainer in a culturally unique program

Q-1

Cultural exchange visitor

Q-2

Irish Peace Process Cultural and Training Program Visitor

R-1

Religious worker with a nonprofit religious organization

TC

Professional business person, United States-Canada Free Trade Act (FTA)

TN

Professional business person from Canada or Mexico, North American Free Trade Agreement (NAFTA)

Refugee

Alien admitted pursuant to section 207 of the Immigration and Nationality Act (INA)

The I-766 shows “A-3” under Category; the I-688B shows “274a.12 (A)(3)” under Provision of Law.

Asylee

Asylee under 208 of the INA

The I-766 shows “A-5” under Category; the I-688B shows “274a.12 (A)(5)” under Provision of Law.

The following lists nonimmigrants, by alien class of admission, who are authorized to work only with authorization from DHS. Employment authorization for these aliens must be shown on an EAD. For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. The visa of the dependent may show the name of principal.

EXCEPTION: Employment authorization may be shown on the I-94 for a refugee or asylee, on Form I-20 A-B for curricular practical training (CPT) for an F-1, or on a sponsor’s letter for a J-1 whose category as shown in item 4 of the DS-2019 is “student” or “international visitor.”

Class of Admission

Description

A-1*, A-2*

Spouse or child of principal A-1, A-2 alien

The I-766 shows “C-1” under Category; the I-688B shows “274a.12 (C)(1)” under Provision of Law.

B-1

Visitor for business who is:

A personal or domestic servant accompanying or following a employer admitted to the U.S. as a nonimmigrant

A domestic servant accompanying or following a U.S. citizen employer (the employer has a permanent home or is stationed in a foreign country and is temporarily in the U.S.)

An employee of a foreign airline and the employee is not a national of the country of the airline’s nationality

The I-766 shows “C-17” under Category; the I-688B shows “274a.12 (C)(17)” under Provision of Law.

NOTE: The instructions in section C.3. apply if the B-1 alien is not authorized to work under one of the above situations.

KANSAS CITY, Mo. – The latest fights over immigration have focused on
who should get a place in line for a legal life in the United States.
But the real agony, says Tien Bui, comes when you finally get in line.

Bui, who came to the U.S. as a Vietnamese refugee and is now an
engineer for Boeing Co., can’t take the career-boosting position he’s
been offered because his citizenship application is lodged somewhere
inside the Department of

Homeland Security.
With green card in hand, Bui has waited patiently since 2003 for his
fingerprints to clear background checks, a process that’s become more
involved since Sept. 11.

But if Congress approves a new guest worker program, the overall
waiting period for Bui and the millions of legal immigrants like him
could grow even longer, says a report by the

President Bush
mandated that by September of this year, the immigration backlog should
be eliminated and DHS should start processing all cases in six months
or less, a deadline the agency is optimistic it can meet.

But a spider web of agencies — including the

Department of Labor,
the Department of State and the Federal Bureau of Investigation — is
also involved in evaluating and approving legal immigration
applications.

If there are more petitions to process, the overall delays could
increase, experts say. At DHS alone, some skilled foreign workers must
wait five years to apply for a green card, something American
engineering companies say is harming their competitive edge.

“I truly think if Albert Einstein were in my office in 2006, he
would be saying ‘I’m going to Canada rather than wait any longer,'”
said Judy Bourdeau, a Kansas City immigration attorney who is filing
employment petitions for several Fortune 500 companies.

Accommodating U.S. State Department officials bend over backward to grant visas to elite figures in sports, science, arts, education and business.

CHARLOTTE, N.C. – International soccer star David Beckham and wife Victoria, formerly Posh Spice of the Spice Girls, don’t wait months or years to enter the United States legally.

Beckham’s status, bankroll and his attorney see to that. He receives approval for his visa within two weeks. Accommodating U.S. State Department officials grant him after-hours appointments and have asked him to pose for photos.

As an ”alien of extraordinary ability,” Beckham is eligible for an O-1 work visa reserved for elite figures in sports, science, arts, education and business.

These and companion visas for family and support personnel have no caps on the number who can arrive. Their numbers have more than doubled over the past decade.

Meanwhile, specialty workers with four-year degrees can’t always bend the bureaucracy like Beckham. Demand for visas from these workers, with professions such as computer programming, engineering and
accounting, has surged. But the cap, briefly raised a few years ago, remains at 65,000 — what it was in 1992. The 2007 cap was filled May 26, a record four months before the fiscal year begins.

Currently, Congress is debating whether to increase these visas to help relieve the backlog, as well as granting legal status to some of the estimated 12 million illegal immigrants.

Immigration ”law is really geared toward helping the rich and famous,” says David Whitlock, a partner who heads immigration practice at Fisher & Phillips in Atlanta.

Most industrialized countries have an immigrant pecking order, notes Alan Gordon, a Charlotte, N.C., immigration lawyer who recently helped a Canadian racing phenom enter the country.

DEPP SKIPPED LOTTERY

”How did Johnny Depp get to live in France? Did he go through a lottery system?” asks Gordon. “No. It’s because he’s spending money.”

Indeed, countries have always welcomed the elite.

”And maybe rightly so,” says Steve Hader, a lawyer with the Charlotte office of Moore & Van Allen who helped set up Beckham’s upcoming visit to the United States. “Maybe you want the best and the brightest.”

The Beckhams stand to make money on their upcoming summer trip, so they are required to secure work visas, not tourist credentials. He launched a youth soccer academy in Los Angeles last year, with the hope
of identifying talent to compete for U.S. teams on the world stage. Victoria has a fragrance and clothing line ”and still performs,” Hader says.

Some 11,960 esteemed scientists, doctors, musicians, professors, athletes and captains of industry and their family and support personnel arrived in 2005, up more than 145 percent since 1995, according to the State Department’s Bureau of Consular Affairs.

Hader has prepared O-1 visas for A-list singers, actors, actresses, scientists and even a celebrity chef. Client confidentiality precludes him from revealing names. Beckham gave the OK because he wants the
press for his academy.

O-1 applicants must be international superstars in their professions. The State Department recognizes Academy Awards, peer adulation, press coverage in ”major newspapers,” and/or ”a high salary . . . in relation to others in the field,” among other factors.

Beckham plays for the Spanish club Real Madrid and is captain of England’s national team in this year’s World Cup. Beckham was memorialized in the 2002 movie Bend It Like Beckham for his signature long kick, with the ball curving in flight. The fact Beckham is married to one of the Spice Girls is an added bonus, or curse, depending on which side of the paparazzi you’re standing.

The federal government is not capable of helping employers determine
whether workers in the U.S. are illegal aliens, a government official
will testify before a Senate subcommittee this afternoon.

Richard M. Stana, director of homeland security and justice
for the Government Accountability Office, said that two decades after
Congress ordered the government to create a program to prevent the
hiring of illegals, such a program still doesn’t exist.

Immigration specialists have “found that the single most
important step that could be taken to reduce unlawful immigration is
the development of a more effective system for verifying work
authorization,” Mr. Stana said in prepared testimony obtained by The
Washington Times.

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